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ASHOK LAMBA (SELF)     29 March 2013

Ex-parte eviction order

Hi,

I have been staying in a residential colony in delhi. The rent amount being nearly 30,000 per month makes it out side the ambit of Rent Control Act.

My Land Lord had filed an eviction case against me in the court of ADJ, New Delhi.

Land lord had sent me notice for eviction but after the filing of the case, No Notices were served to me from the court informing the filing of case and to participate.

Now i have come to know that an Ex-Parte eviction order was passed againt me by ADJ, New Delhi. The reason being stated is that Speedpost were sent to my address but were refused and this refusal is taken as service of notices.

The Next date for Ex-Parte evidence is set approx 1 month from today. Now i have few questions to the esteemed lawyers on this site.

1. Since i have never received the summons and yet the case has been decided Ex-parte, what legal recourse do i have?

2. On the next day after the evidence, what is the minimum time that will be granted to me to vacate the premises (as per law).

Thanking in advance..



Learning

 1 Replies

Kiran Kumar (Lawyer)     29 March 2013

Visit your lawyer and immediately move an application for Setting Aside the Ex-parte Order, as per the provisions of the relevant law.

 

prove your bonafide there and if the court is convinced, you will be getting an opportunity to appear and present your defence.

 

however, the question will be if you were never served and still no orders were inflicted upon you then how you came to know about the proceedings.


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